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New York, like other States hold child custody matters with utmost seriousness. The courts do not hesitate to use strong child support enforcement mechanisms. A non-custodial parent can have their professional license revoked due to not meeting their child custody obligations. Violations of child support court orders can attract heavy penalties.
Child support and custody agreements are not always straight forward and clear. It is therefore crucial for parents to consult with a family lawyer on these matters. Again, cases are unique, and some may need the intervention of legal experts so as to get a way forward. An understanding of child support laws can help you stay on the right of the law and avoid complications in future.
Child Support Laws and Guidelines
Child support is defined as the payment made by the non-custodial parent to support the custodial parent in raising a child. Once paternity has been established, the courts determine the amount to be paid. Child support covers necessities such as food, shelter, clothing, healthcare, education, daycare and other services deemed important to the welfare of the child.
When determining child support, the courts take into account several factors such as income of both parents. Financial assets are also considered and other income streams such as workers compensation benefits, social security income, self-employment income, retirement benefits, gifts and prizes, lottery winnings, among others.
Child support is payable until the child attains the majority age (18 years). In some circumstances, this age can be extended until the child has graduated from high-school. The court also makes exemptions if the child has a physical, mental or other special disability.
Child support orders are not cast in stone, and they can be modified. Any of the parents have the right to request for a modification. An amendment to the child support agreement can be made if financial circumstances have changed, or in light of a medical emergency. Modification requests need to be made in the court that issued the original order.
As is evident, child support issues are bound by law and all parties must operate within the family law framework. When establishing or enforcing child support orders, you may wonder if you need legal assistance. While it is not mandatory to enlist the services of a family lawyer, their professional expertise can prove helpful in various ways.
The need for a child support queens family lawyer
The benefit of working with a family lawyer is that they will guide through the complex process. To establish or enforce a child support order, you need to file and have the appropriate paperwork. Child support issues are also complicated. Your ex-partner may not be willing to engage with you on child support issues. As such, the lawyer can serve him or her notice. The lawyer will also help to prepare the right documents needed when calculating child support. Today, these professionals use special software programs.
Establishing a child support order is one half of the equation, the other is actually enforcing it, and this is where disputes arise. There are many instances when the non-custodial parent may fail to hold their end of the bargain. Having to deal with such issues while juggling work and raising a child is daunting. A family lawyer can step in and obtain an enforcement order. If your ex-partner is adamant on paying, the lawyer can obtain a garnishment order. The family lawyer can also file for contempt of court orders. Child support or family lawyers may also use other remedies such as holds on passports, tax refunds, entering liens against real estate income and vehicles. Family lawyers can prove very helpful in enforcing child support orders and ensuring your child gets the payments they need for their upkeep.
While you may receive support from child support state agencies, their assistance may be limited to only child support orders. However, there are also other issues that are important to you. For instance, your partner may be in violation of child visitation rights. Issues of violence or abuse can also arise. The agencies may not treat some of these issues with the urgency they deserve. In some cases, you may also need a child support order amended.
There are also unique circumstances where you may need to enforce a child support order when the non-custodial parent is out of state. Again, what happens if one of the parents is declared bankrupt? The beauty about engaging with a family lawyer is that they have the experience and expertise to deal with all manner of family disputes. They have dealt with these issues before, and they understand the law.